•  1058
    The Folk Theory of Well-Being
    with John Bronsteen, Jonathan Masur, and Kevin Tobia
    In Shaun Nichols & Joshua Knobe (eds.), Oxford Studies in Experimental Philosophy, Volume 5, Oxford University Press. 2024.
    What constitutes a “good” life—not necessarily a morally good life, but a life that is good for the person who lived it? In response to this question of “well-being," philosophers have offered three significant answers: A good life is one in which a person can satisfy their desires (“Desire-Satisfaction” or “Preferentism”), one that includes certain good features (“Objectivism”), or one in which pleasurable states dominate or outweigh painful ones (“Hedonism”). To adjudicate among these competin…Read more
  •  19
    Oxford Studies in Philosophy of Law (edited book)
    Oxford University Press. 2011.
  •  136
    I defend an inference to the best explanation (IBE) argument for anti-realism about reasons for acting based on the history of intractable disagreement in moral philosophy. The four key premises of the argument are: 1. If there were objective reasons for action, epistemically-well-situated observers would eventually converge upon them after two thousand years; 2. Contemporary philosophers, as the beneficiaries of two thousand years of philosophy, are epistemically well-situated observers; 3. Con…Read more
  • Law and Objectivity
    In Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law, Oxford University Press. pp. 969--89. 2002.
  •  157
    Nietzsche's Theory of the Will
    In Ken Gemes & Simon May (eds.), Nietzsche on freedom and autonomy, Oxford University Press. pp. 119-137. 2009.
    The essay offers a philosophical reconstruction of Nietzsche's theory of the will, focusing on (1) Nietzsche's account of the phenomenology of "willing " an action, the experience we have which leads us (causally) to conceive of ourselves as exercising our will; (2) Nietzsche's arguments that the experiences picked out by the phenomenology are not causally connected to the resulting action (at least not in a way sufficient to underwrite ascriptions of moral responsibility); and (3) Nietzsche's a…Read more
  •  203
    The Death of God and the Death of Morality
    The Monist 102 (3): 386-402. 2019.
    Nietzsche famously proclaimed the “death of God,” but in so doing it was not God’s death that was really notable—Nietzsche assumes that most reflective, modern readers realize that “the belief in the Christian god has become unbelievable” —but the implications of that belief becoming unbelievable, namely, “how much must collapse now that this faith has been undermined,” in particular, “the whole of our European morality”. What is the connection between the death of God and the death of morality?…Read more
  • Nietzsche and the Morality Critics
    In John Richardson & Brian Leiter (eds.), Nietzsche, Oxford University Press. 2001.
  •  156
    Moral Psychology with Nietzsche
    Oxford University Press. 2019.
    Brian Leiter draws on empirical psychology to defend a set of radical ideas from Nietzsche: there is no objectively true morality, there is no free will, no one is ever morally responsible, and our conscious thoughts play almost no significant role in our actions. Nietzsche emerges as not just a great philosopher but a prescient psychologist.
  •  114
    Rorty’s Rejection of Philosophy
    Analyse & Kritik 41 (1): 23-30. 2019.
    I argue that the real puzzle about Richard Rorty’s intellectual development is not why he gave up on ‘analytic’ philosophy-he had never been much committed to that research agenda, even before it became moribund-but why, beginning with Philosophy and the Mirror of Nature (PMN), he gave up on the central concerns of philosophy going back to antiquity. In addition to Rorty’s published works, I draw on biographical information about Rorty’s undergraduate and graduate education to support this asses…Read more
  •  238
    The Truth Is Terrible
    Journal of Nietzsche Studies 49 (2): 151-173. 2018.
    The “terrible” existential truths about the human situation raise Schopenhauer's question: why continue living at all? Nietzsche's answer is that only viewed in terms of aesthetic values can life itself be “justified” (where “justification” really means restoring an affective attachment to life). But how could the fact that life exemplifies aesthetic value restore our attachment to life in the face of these terrible existential truths? I suggest that there are two keys to understanding Nietzsche…Read more
  •  225
    The innocence of becoming: Nietzsche against guilt
    Inquiry: An Interdisciplinary Journal of Philosophy 62 (1): 70-92. 2019.
    I offer an interpretation of Nietzsche's striking idea of ‘the innocence of becoming’ (die Unschuld des Werdens), and a partial defense of its import, namely, that no one is ever morally responsible or guilty for what they do and that many of the so-called reactive attitudes are misplaced. I focus primarily, though not exclusively, on the arguments as set out in Twilight of the Idols. First, there is Nietzsche's hypothesis, partly psychological and partly historical or anthropological, that the …Read more
  •  79
    A teoria nietzschiana da vontade
    Cadernos Nietzsche 38 (3): 17-49. 2017.
  • Oxford Studies in Legal Philosophy, vol. 2 (edited book)
    with L. Green
    Oxford UP. 2013.
  •  78
    Nietzsche's Naturalism and Nineteenth-Century Biology
    Journal of Nietzsche Studies 48 (1): 71-82. 2017.
    Christian Emden has written an informative if sometimes philosophically frustrating book about Nietzsche’s engagement with both neo-Kantian philosophers 1 and the life sciences from the 1840s onward. Emden documents the preceding with an eye to shedding light not only on Nietzsche’s naturalism, on “what does it mean to ‘translate humanity back into nature’” as Nietzsche put it in BGE, but also on what Emden calls “the problem of normativity,” variously stated as how to “obtain an understanding o…Read more
  •  23
    Nietzsche on Morality by Brian Leiter (review)
    Philosophy and Phenomenological Research 71 (3): 729-740. 2005.
  •  37
    23. Moralities Are a Sign-Language of the Affects
    In João Constancio, Maria Joao Mayer Branco & Bartholomew Ryan (eds.), Nietzsche and the Problem of Subjectivity, De Gruyter. pp. 574-596. 2015.
  • In Chapters I-III, I argue that Nietzsche is a critic of "morality" in the sense of any system of values that has one or both of the following features: it presupposes the truth of certain descriptive claims about human agency, in the sense that for the evaluative categories to be intelligibly applied to persons these claims must be true ; it favors the interests of the "lowest" at the expense of the "highest" men, the embodiments of human excellence. I illustrate, in particular, how this latter…Read more
  •  49
    Is there an american furisprudence?
    Oxford Journal of Legal Studies 17 (2): 367-387. 1997.
    BRIAN LEITER; Is There An ‘American’ Jurisprudence?, Oxford Journal of Legal Studies, Volume 17, Issue 2, 1 July 1997, Pages 367–387, https://doi.org/10.1093/oj.
  •  137
    Why Marxism Still Does Not Need Normative Theory
    Analyse & Kritik 37 (1-2): 23-50. 2015.
    Marx did not have a normative theory, that is, a theory that purported to justify, discursively and systematically, his normative opinions, to show them to be rationally obligatory or objectively valid. In this regard, Marx was obviously not alone: almost everyone, including those who lead what are widely regarded as exemplary ‘moral’ lives, decide and act on the basis of normative intuitions and inclinations that fall far short of a theory. Yet self-proclaimed Marxists like G. A. Cohen and Jurg…Read more
  •  196
    Closet dualism and mental causation
    Canadian Journal of Philosophy 28 (2): 161-181. 1998.
    Serious doubts about nonreductive materialism — the orthodoxy of the past two decades in philosophy of mind — have been long overdue. Jaegwon Kim has done perhaps the most to articulate the metaphysical problems that the new breed of materialists must confront in reconciling their physicalism with their commitment to the autonomy of the mental. Although the difficulties confronting supervenience, multiple-realizability, and mental causation have been recurring themes in his work, only mental cau…Read more
  •  169
    Nietzsche on Morality
    Routledge. 2002/2014.
    Both an introduction to Nietzsche’s moral philosophy, and a sustained commentary on his most famous work, On the Genealogy of Morality, this book has become the most widely used and debated secondary source on these topics over the past dozen years. Many of Nietzsche’s most famous ideas - the "slave revolt" in morals, the attack on free will, perspectivism, "will to power" and the "ascetic ideal" - are clearly analyzed and explained. The first edition established the centrality of naturalism to …Read more
  •  140
    The Philosophical Gourmet
    The Philosophers' Magazine 8 (9): 8-8. 1999.
  •  176
    Legal positivism
    In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory, Blackwell. 1996.
    This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References.
  •  101
    Naturalism in legal philosophy
    Stanford Encyclopedia of Philosophy. 2008.
    The “naturalistic turn” that has swept so many areas of philosophy over the past three decades has also had an impact in the last decade in legal philosophy. Methodological naturalists (M-naturalists) view philosophy as continuous with empirical inquiry in the sciences. Some M-naturalists want to replace conceptual and justificatory theories with empirical and descriptive theories; they take their inspiration from more-or-less Quinean arguments against conceptual analysis and foundationalist pro…Read more
  •  92
    This is an invited commentary on Richard Rorty's Dewey Lecture, given last year at the University of Chicago Law School. “Pragmatism,” says Rorty, “puts natural science on all fours with politics and art. It is one more source of suggestions about what to do with our lives.” I argue that the truth in pragmatism - that the epistemic norms that help us cope are the ones on which we rely - is obscured by Rorty's promiscuous version of the doctrine, which confuses the criteria for relying on particu…Read more